Legal Malpractice

An attorney-client relationship is fiduciary in nature and requires a high degree of trust and fidelity. Legal malpractice may occur when an attorney's negligent action, inaction (failing to file a lawsuit within the statute of limitations period) or advice causes the client damages. In certain situations the attorney may also be liable to an intended beneficiary or a third party. The recovery may include the money the client would have obtained but for the former attorney's breach of duty, legal fees paid to the former attorney, or the amount of judgment imposed against the client due to the former attorney's breach of the duty of care.

To prove a claim of legal malpractice, the former client must plead and prove that: (1) an attorney-client relationship existed; (2) the attorney breached the duty of care to the client; (3) that the attorney's breach proximately caused the client's injury; and (4) the client suffered a pecuniary (financial) injury as a result of the wrongful conduct of the attorney. Tri-G, Inc. v. Burke, Bosselman & Weaver, 222 Ill. 2d 218, 225-26 (2006).

An attorney may be liable for failing to comply with filing deadlines, mishandling client funds, engaging in unfair dealing, failing to follow reasonable client instructions, breaching the duties of loyalty or confidentiality, and failing to charge a client in accordance with the fee agreement, or fraud.

Edward X. Clinton, Jr. has successfully prosecuted malpractice cases against attorneys and has served as an expert witness for a plaintiff in a legal malpractice case. Clinton Jr. has also defended attorneys accused of malpractice.

If you feel that you have suffered a loss due to a former attorney's negligent or wrongful conduct, please contact the Clinton Law firm.